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TEXAS BOARD OF
VETERINARY MEDICAL EXAMINERS
_________________________________________________________________________________________
Page 1 of 2 Revised: 11/28/2017
Board Meeting Agenda 333 Guadalupe, Room 2-225
Austin, Texas
Tuesday, December 5, 2017
8:00 A.M. – 12:00 P.M.
The Texas Board of Veterinary Medical Examiners will consider
and act, if necessary, on matters within the
jurisdiction of the Board which are listed on this agenda. The
Board may meet from time-to-time in executive
session with respect to the agenda items as authorized by the
Texas Open Meetings Act, Chapter 551 of the
Government Code.
1. Full Board call to order, roll call, vote on absences. (Dr.
Quillivan) (TAB 1)
2. Consideration and Approval of October 10, 2017 Minutes (Dr.
Quillivan) (TAB 2)
3. Executive Director’s Report (Mr. Helenberg) (TAB 3.1 –
3.4)
a. Announcement of personnel changes (TAB 3.1) b. Guidance on
methods of communication with Board Members (TAB 3.2) c. Pending
Litigation Update1 (TAB 3.3) d. Finance Department Report (TAB
3.4)
4. Consideration and approval of Agreed Orders. 1 (Ms. Griffin)
(TAB 4)
5. Discussion, recommendation and possible action regarding
adoption of proposed Board Rule amendment.
(Ms. Griffin)
a. 577.15 Fees (Amendment) (TAB 5)
6. Committee Appointments (TAB 6)
a. Executive Committee b. Enforcement Committee c. Licensing
Committee d. Finance Committee e. Advisory Committees
1. Equine Dental Provider Advisory Committee 2. Licensed
Veterinary Technician Advisory Committee
7. Discussion, recommendation and possible action regarding
future Board meeting dates. (Dr. Quillivan) (TAB 7)
8. Discussion of possible agenda items for future Board
meetings. (Dr. Quillivan) (TAB 8)
9. Citizen Comments (Dr. Quillivan) (TAB 9)
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Page 2 of 2 Revised: 11/28/2017
10. Adjourn.
*The Board may go into Executive Session on any legal matter
presented on any of the above items
pursuant to the Open Meetings Act.
1. §551.071. Consultation with Attorney; Closed Meeting
Executive session for private consultation and advice of counsel
concerning pending or contemplated
litigation or settlement offer and/or possible disciplinary
action under the authority of the Open Meetings Act,
GOVERNMENT CODE, §551.071; OCCUPATIONS CODE §801.407(d); and
Attorney General's Opinion
No. H-484.
2. §551.074. Personnel Matters; Closed Meeting
Executive session to discuss matters involving the appointment,
employment, evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee
under the authority of the Open Meetings Act,
GOVERNMENT CODE, Section 551.074.
3. §551.088. Deliberations Regarding Test Item
Executive session to discuss matters involving a test item or
information related to a test item that may be
included in an examination that the agency administers to
applicants seeking licensure under the authority of
the Open Meetings Act, GOVERNMENT CODE Section 551.088
Persons requiring special accommodations, including the use of
an interpreter, due to a disability should contact
the Board office at least five working days prior to the Board
meeting.
Las personas que necesiten servicios especiales, incluyendo los
de un intérprete, debido a un impedimento físico,
llamen la oficina de la Junta por lo menos cinco días antes de
la reunión de la Junta.
Board Members:
Jessica Quillivan, DVM, President
Keith Pardue, Vice-President
Sandra “Lynn” Criner, DVM, Secretary
Carlos Chacon
Samantha Mixon, DVM
Michael White, DVM
Randy Skaggs, DVM
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AGENDA ITEM 1
TAB 1
CALL TO ORDER, ROLL CALL AND VOTE ON ABSENCES
This meeting of the Texas Board of Veterinary Medical Examiners
is now called to order, the time is .
Welcoming Statement from Board President (Dr. Quillivan)
Dr. Criner, may I have a roll call please.
MEMBER NAME
ATTENDANCE NOTATION*
Carlos Chacon
Sandra “Lynn” Criner, DVM, Secretary
Samantha Mixon, DVM
Keith Pardue, Vice-President
Jessica Quillivan, DVM, President
Randy Skaggs, DVM
Michael White, DVM
If there are any absences…
Do I have a motion to approve or deny the absences? o I move
that we approve the absence(s) of . o I move that we deny the
absence(s) of .
Is there a second? Is there any discussion?
*
= In Attendance X = Absent (Please indicate if Not Excused)
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AGENDA ITEM 2
TAB 2
CONSIDERATION AND APPROVAL OF THE OCTOBER 10, 2017 MINUTES.
The minutes of the October 10, 2017 meeting were sent to you
earlier for review.
Do I have a motion to approve the minutes? o I move that we
approve the minutes as presented. o I move that we approve the
minutes with corrections as
discussed.
Is there a second?
Is there any discussion?
All in favor, say aye.
All opposed, say nay.
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TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
BOARD MEETING MINUTES
October 10, 2017
The Texas Board of Veterinary Medical Examiners met for a
scheduled meeting on Tuesday,
October 10, 2017, in Room #2-225 of the William P. Hobby, Jr.
Building, 333 Guadalupe, Austin,
Travis County, Texas.
Agenda Item 1. Full Board Call to Order, Roll Call.
Jessica Quillivan, DVM, Board President, called the meeting to
order at 10:07 a.m. Board
Members present were: Carlos Chacon, Lynn Criner, DVM,
Secretary; Samantha Mixon, DVM;
Keith Pardue, Vice-President; Randy Skaggs, DVM; and Michael
White, DVM. Board Staff
present were: Michelle Griffin, Interim General Counsel; Matthew
West, Director of
Enforcement; Elaine Crease, Legal Administrative Assistant; and
Teresa Long, Accountant.
Agenda Item 2. Consideration and Approval of the May 8, 2017
Minutes.
Mr. Pardue moved, Dr. Criner seconded and the motion passed
unanimously to approve the May
8, 2017 minutes.
Agenda Item 3. Introduction of New Investigators.
Mr. West gave background information on the two new regional
investigators hired, Michael
Campos, who will be working in the Houston region, and Maricela
Santibanez, who will be
working in the Dallas-Fort Worth region.
Agenda Item 4. Executive Director’s Report.
a. Enforcement Department Report. Dr. Quillivan asked if there
were any questions from
the Board Members regarding the Enforcement Department
statistical reports previously sent to
them. There were none.
b. Legal Department Report. Ms. Griffin discussed the number of
Board Orders offered,
cases pending informal conferences and cases pending filing at
the State Office of Administrative
Hearings, and litigation filed against the agency in various
courts. She also thanked the members
of the Enforcement Committee, Dr. Quillivan, Dr. Carpenter, and
Mr. Pardue for spending their
own money to come to Austin several times over the summer for
Informal Conferences, in order
to help reduce the backlog of cases.
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Texas Board of Veterinary Medical Examiners Board Meeting
Minutes October 10, 2017
Page 2 of 7
c. Finance Department Report. Ms. Long discussed the budget and
revenue reports, noting
that the books for Fiscal Year 2017 were now closed, and that
the Annual Financial Report (AFR)
has been distributed to the Governor’s Office and other
governmental agencies.
d. Licensing Department Report. Dr. Quillivan asked if there
were any questions from the
Board Members regarding the Licensing Department statistical
reports previously sent to them.
There were none.
e. Operations Department Report.
1. Customer Outreach. Dr. Quillivan reported that Mr. West has
taken over maintaining
the agency website and Facebook page; and that Ms. Crease is
continuing the email blasts.
2. Human Resources. No items to report.
3. IT. No items to report.
Agenda Item 5. Consideration and approval of Agreed Orders.
Dr. Quillivan moved, Mr. Pardue seconded and the motion passed
unanimously to go into
Executive Session at 10:17 a.m. for private consultation and
advice of counsel concerning pending
or contemplated litigation, including administrative
proceedings, or settlement offers and/or
possible disciplinary action under the authority of the Open
Meetings Act, GOVERNMENT
CODE, §551.071; OCCUPATIONS CODE §801.407(d) and Attorney
General's Opinion No. H-
484. Open session resumed at 11:14 a.m. and it was announced
that no action was taken. A
certified agenda was made.
After discussion, Dr. Mixon moved that the Board Orders listed
on Agenda Item #5 be
approved as written. Mr. Chacon seconded, and the motion passed.
Dr. White voted against
the motion. The Board Orders approved are as follows, with
recusals noted.
Docket # Name Case #
2017-071 Stephen Harris, DVM CP16-454 Recusals: Quillivan,
Pardue
2017-074 Edward Mapes, DVM CP16-406 Recusals: Quillivan,
Pardue
2017-075 Mitzi Pyle, LVT CP16-248 Recusals: Quillivan,
Pardue
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Texas Board of Veterinary Medical Examiners Board Meeting
Minutes October 10, 2017
Page 3 of 7
Docket # Name Case #
2017-096 Eduardo Jimenez, DVM CP17-009 Recusals: Quillivan,
Pardue
2017-098 Craig Verwers, DVM CP16-153 Recusals: Quillivan
2017-103 Hillary Hellstern, DVM CP16-427 Recusals: Quillivan,
Pardue
2017-104 Diarra Blue, DVM CP16-465 Recusals: Quillivan,
White
2017-106 K.C. Ferrazzano, DVM CP16-422 Recusals: Quillivan,
Pardue
2017-138 Mark Fuller, DVM CP16-438 Recusals: Quillivan,
Pardue
2017-145 Deborah Schaffer, DVM CP16-387 Recusals: Quillivan,
Pardue
2017-147 Edward Mapes, DVM CP17-122 Recusals: Quillivan, Pardue,
Criner
2016-070 Diarra Blue, DVM CP16-092 Recusals: Quillivan,
White
2016-071 Aubrey Ross, DVM CP16-093 Recusals: Quillivan,
White
2016-162 John Falgout, DVM CP16-173 Recusals: Quillivan
2017-007 John Wood, DVM CP16-346 Recusals: Quillivan, Pardue
2017-035 Jonathan Kendall, DVM CP16-203 Recusals: Quillivan,
Pardue
2017-114 Wendy Dearixon, DVM CP16-391 Recusals: Quillivan,
Pardue
2017-175 William Hester, DVM CP17-156
2017-182 Dean Layh, DVM CP17-152
2017-192 Scott Grant, DVM CP16-336
2017-233 Zachary Smith, DVM CP17-277 2017-021 Rachel Valot
2017-163 Todd Glover, DVM CP17-058
2017-165 Joel Bennett, DVM CP17-075
2017-166 Lloyd Jarmon, DVM CP17-084 Recusal: Criner
2017-167 Shannon Espy, DVM CP17-075 Recusal: Criner
2017-169 Priscilla Canales, LVT CP17-092
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Texas Board of Veterinary Medical Examiners Board Meeting
Minutes October 10, 2017
Page 4 of 7
Docket # Name Case #
2017-170 Carrie Givens, DVM CP17-170
2017-172 Jeb Skiles, DVM CP17-104
2017-177 Candace Clark, LVT CP17-177
2017-178 Mary Tatum, DVM CP17-107
2017-179 Wylie Skelton, DVM CP17-102
2017-180 Emilio Davila, LVT CP17-089 Recusal: Criner
2017-185 Michelle Robnett, LVT CP17-096
2017-187 Samantha Hulbig, LVT CP17-076
2017-188 Robert Ballinger, DVM CP17-065
2017-189 Toni Cloninger, DVM CP17-061
2017-202 Miguel Navarro Martinez, DVM CP17-088 2016-187 Kevin
Kruse, DVM CP16-398
Recusals: Quillivan
2017-070 Elton Haydel, DVM CP16-314 Recusals: Quillivan,
Pardue
2017-085 Aubrey Watkins, DVM CP16-434 Recusals: Quillivan,
Pardue
2017-130 Sable Murry, DVM CP17-071
2017-137; 2017-141
Timothy Ashley, DVM CP16-458; CP16-457
Recusals: Quillivan, Pardue
2017-139 Kimberly Tunmire, DVM CP16-431 Recusals: Quillivan,
Pardue
2017-190 Brooke Knowlton, DVM CP16-469
2017-232 Sam Scarmardo, DVM CP17-227
2017-009 Denise Kobuszewski, DVM Agenda Item 6. Consideration
and approval of Cease and Desist Orders.
Dr. Skaggs moved that the Cease and Desist Orders on the agenda
be approved as written. Mr.
Chacon seconded, and the motion passed unanimously. The Cease
and Desist Orders approved are
as follows:
Case #/Docket # Name City CP17-026/CD2017-060 Nathan Strahan
Springtown, TX
CP16-429/CD2017-061 Spencer LaFlure Athol, NY
CP16-450/CD2017-064 Barbi Straub Gatesville, TX
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Texas Board of Veterinary Medical Examiners Board Meeting
Minutes October 10, 2017
Page 5 of 7
Agenda Item 7. Consideration and approval of cases dismissed at
Staff Conference.
Dr. White was recused from voting on case CP17-033. Dr. Skaggs
moved that the cases listed on
the agenda under Item #7 be dismissed except CP16-354, CP17-067,
and CP17-097, which would
be referred back to the Enforcement Department. Mr. Chacon
seconded, and the motion passed.
The following cases were dismissed: CP16-354, CP16-362,
CP16-382, CP16-414, CP16-423,
CP16-437, CP16-448, CP16-479, CP17-033, CP17-034, CP17-063,
CP17-067, CP17-068, CP17-
069, CP17-085, CP17-097, CP17-126, CP17-140, CP17-144, CP17-147,
CP17-172, CP17-173,
CP17-175, CP17-176, CP17-181, CP17-182, CP17-185, CP17-187,
CP17-197, CP17-201, CP17-
213, CP17-215, CP17-222, CP17-229, CP17-230, CP17-232, CP17-237,
CP17-244, CP17-248,
CP17-293, CP17-294, CP17-295, and CP17-296.
Agenda Item 8. Discussion, recommendation and possible action
regarding Board Rules.
Agenda Item 8a. Discussion, recommendation and possible action
on rules to be adopted:
Ms. Griffin presented proposed rule changes that were ready to
be adopted after the proposals had been published in the Texas
Register for public comment on June 16, 2017. The changes consisted
of
amendments to §573.65 regarding Proof of Acceptable Continuing
Education, §575.4 regarding Conduct
and Decorum, §575.29 regarding Informal Conferences, §575.35
regarding Temporary License Suspension
Proceedings, and §575.62 regarding Negotiated Rulemaking; repeal
of existing rule §577.5 regarding
Advisory Committees, and a new rule §577.5 regarding Committees
of the Board, which will replace the
rule being repealed. These rule changes were presented with
staff-recommended non-substantive changes
to the proposed versions. After discussion, Mr. Chacon moved to
file the adopted rule changes with
staff-recommended non-substantive changes to §§573.65, 575.4,
575.29, 575.35, 575.62, and 577.5 and
preambles with the Texas Register, in accordance with the
Administrative Procedure Act. Dr. Skaggs
seconded the motion, and it passed unanimously.
Agenda Item 8b. Discussion, recommendation and possible action
on rules to be proposed.
Ms. Griffin presented a proposed amendment to §577.15 regarding
Fees. This proposed amendment
would put into effect a fee increase to become effective on
January 1, 2018. After discussion, Dr. Skaggs
moved that the proposed preamble and amendment to §577.15 be
published in the Texas Register
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Texas Board of Veterinary Medical Examiners Board Meeting
Minutes October 10, 2017
Page 6 of 7
for public comment in accordance with the Administrative
Procedure Act. Mr. Chacon seconded
and the motion passed unanimously.
Agenda Item 9. Discussion, recommendation and possible action
regarding future board
meeting dates. After discussion, it was agreed that the next
regular board meeting date would be
on the morning of Tuesday, December 5, 2017. On the abbreviated
agenda for December will be
the adoption of the fee rule change, the appointment of Board
Committees and Board Officers, and
any items regarding the Sunset quarterly report.
There will also be a Board Meeting scheduled for Tuesday,
January 16, 2018. In addition to the
standard agenda items, an item will be added regarding
clarification of the circumstances under
which certain criminal activities and convictions must be
reported to the Board. This will involve
Rule 573.50, Reporting of Criminal Activity, and Rule 575.50,
Criminal Convictions.
Agenda Item 10. Discussion, recommendation and possible action
regarding the
appointment, employment, and duties of the Executive Director.
Dr. Criner moved to go into
Executive Session at 1:50 p.m. to discuss matters involving the
appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a
public officer or employee under the
authority of the Open Meetings Act, GOVERNMENT CODE, §551.074.
Dr. Quillivan seconded
and the motion passed unanimously. Open session resumed at 3:22
p.m. It was announced that no
action was taken. A certified agenda was made. Mr. Chacon moved
that the Board make an
offer of employment as Executive Director at the highest
possible pay to candidate John
Helenberg. Dr. Criner seconded the motion, and it passed
unanimously.
Agenda Item 11. Citizens Comments.
Janie Carpenter, former TBVME Board Member, presented comments
on behalf of herself.
She stated that she had devoted twelve years to the Board and
the agency, and that she felt she had
helped and improved processes, in particular, working with Cindy
and Gregg Munson regarding
the complaints process. She further stated that, as a Board,
they had done the best that they could,
considering that they were working under budget cuts, hiring
freezes, and the Sunset process. She
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Texas Board of Veterinary Medical Examiners Board Meeting
Minutes October 10, 2017
Page 7 of 7
stated that she felt that while the Sunset process did find some
problems, that these were magnified
by political considerations. She stated that she never quit the
board, and appreciates the staff and
how hard they work.
Judy Santerre presented comments on behalf of herself related to
a complaint she had filed
against a licensee.
Heather Kutyba presented comments on behalf of herself related
to a complaint she had filed against a licensee. Jodi Ware
submitted written comments on behalf of herself related to a
complaint she had filed against a licensee.
There being no further business, the meeting adjourned at 3:32
p.m.
Agenda Items for Future Board Meetings
December 5, 2017 Board Meeting
1. Adoption of the proposed fee rule increase (Rule 577.15)
2. Appointment of Board Committees and Board Officers
3. Any items regarding the Sunset Quarterly Report
January 16, 2017 Board Meeting
1. Discussion of rule changes that would clarify the
circumstances under which certain criminal
activities and convictions must be reported to the Board. This
will involve Rule 573.50, Reporting
of Criminal Activity, and Rule 575.50, Criminal Convictions.
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AGENDA ITEM 3
TAB 3.1 – 3.5
EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg)
a. Announcement of personnel changes. (Tab 3.1) b. Guidance on
methods of communication with Board Members (Tab 3.2) c. Pending
Litigation Update (Tab 3.3) d. Finance Department Report
1. Budget Report (Tab 3.4) 2. Revenue Report (Tab 3.5)
These items are informational only, no vote needed.
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AGENDA ITEM 3
TAB 3.1 – 3.5
EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg) a. Announcement of
personnel changes. (Tab 3.1)
These items are informational only, no vote needed.
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Texas Board of Veterinary Medical Examiners
Executive Director’s Report
December Board Meeting
1. Agency Summary
November was a busy first month. I am thankful that the Texas
Commission on Law
Enforcement(TCOLE) allowed me the latitude to spend time with
this agency in October, which
provided a smooth transition. TCOLE also allowed their
financial/HR staff to come over provide
training and assistance to our staff during the first week.
November has been spent assessing
the agency and hiring/promoting staff to support the agency’s
operations. In my assessment, I
believe the agency is in good shape, however we have a lot of
work to do to meet the sunset
requirements and bring our licensing and enforcement practices
up to date. With that said, I
must complement the hard work of the staff which has kept the
agency moving forward through
difficult times. The fact that the agency has sustained
operations is a testament to the
employees who have continued to work in the best interests of
the agency.
2. Staff Changes and Additions
Operations Director, Candice Simon joins the Texas Board of
Veterinary Medical Examiners
from the Texas Commission on Law Enforcement where she led the
Enforcement and Legal
Division. Prior to state employment, Candice worked as an
independent contractor for the
Federal Emergency Management Agency followed by TACTIX
Consulting Group, where she
served the Vice President for Operations. While working at
TACTIX, Candice managed the day to
day operations to include education, training, finance, and
human resources. In 2012, Candice
began working for the Texas Commission on Law Enforcement as an
investigator at an agency
charged with regulating a licensed population of more than
120,000. Candice was instrumental
in restructuring and refining the regulatory functions of the
agency and soon became the
division supervisor in 2013. In 2016, the division was expanded
to include the agency’s
administrative prosecutions unit which is responsible for all
legal actions against a licensee and
the subsequent hearings at the State Office of Administrative
Hearings. In addition to her
supervisory role, Candice maintained a top-secret security
clearance and served on the FBI’s
public corruption taskforce which is charged with investigating
and prosecuting public
officials. Candice’s experience in a state licensing agency,
coupled with her ability to lead
change while analyzing and refining processes makes her the
ideal person to join our team as
the Operations Director.
Chief Financial Officer, Arlethia Middleton joins the Texas
Board of Veterinary Medical
Examiners from the Texas Board of Chiropractic Examiners where
she served as the Chief
Financial Officer for the past seven years. Arlethia has over 25
years of state service working in
various positions such as lead accountant for the Texas Medical
Board, accounting specialist for
Office of Court Administration and Chief Financial Officer for
the Board of Chiropractic
Examiners. In Arlethia’s previous position she was responsible
for all aspects of the financial
operations and management of the agency’s $800,000 budget.
Arlethia was instrumental in her
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previous agency’s transition from the USAS accounting system to
the new Centralized
Accounting and Payroll/Personnel System (CAPPS) which our agency
will begin transitioning to
next year. Arlethia’s previous Executive Director personally
took the opportunity to contact me
and congratulate me on our selection for the CFO position.
Arlethia’s abilities to effectively and
efficiently manage a substantial budget will be a valuable
resource for our agency.
Licensing Program Supervisor, Wanda Bennett was promoted from
her previous position of
Administrative Assistant on November 17, 2017. Wanda has been
with the Texas Board of
Veterinary Medical Examiners since 2013 and has supported both
the Licensing and
Enforcement Divisions. Prior to joining the TBVME, Wanda retired
from Farmers insurance after
35 years of service. Wanda served in various leadership
positions during her career and retired
as a manager with the company. Wanda’s experience in the
licensing division and her use of
independent initiative during the transition time made Wanda
standout as a leader. Several
staff members expressed at different times that Wanda should be
the one selected to supervise
the division. Wanda’s abilities and knowledge will be beneficial
and necessary for the success of
the division.
Enforcement Investigator Philip Asebedo will be departing TBVME
and transferring to the Texas
Board of Dental Examiners as an investigator effective December
1, 2017.
3. Budget Status
The agency’s current percent of budget expended is 14.8%.
The current lapse of the fiscal year is 25%.
As of November 26, 2017 was are under our spending projections
for the Fiscal Year.
The current budget does not include the additional funding
contained in Sec. 18.35 which was
appropriated to the agency as a contingency for HB 319. This
amount totals an additional
$54,810 appropriation to our salary budget after our fee changes
are effective to cover the
additional Investigator position granted by the 85th
legislature.
4. New Sunset Recommendations Implemented
Recommendation 1.2 Board Member Training
We have developed an initial training manual for new board
members and are implementing
the training. The first training session will follow the board
meeting on December 5, 2017. We
will continue to refine this training as we go forward.
Recommendation – Chief Fiscal Officer
The job description was modified as recommended and a selection
has been made to fill the
position with a qualified person.
Recommendation – Automatic Registration for the PMP
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We have complied with the request from the Board of Pharmacy to
provide e-mail addresses of
our licensed veterinarians by providing the business e-mail
addresses on file. An e-mail was sent
out to the licensees affected by the legislation advising that
the business address was released.
This did cause some confusion since most licensees believed they
were exempted from the PMP
which is only partially correct. Licensees must have a method to
electronically receive
notifications from the PMP. (H.B. 2561)
5. Communications
To keep communications flowing in the office I have developed an
Agency Executive Summary
(AES) that is distributed weekly to the staff. The AES is a
simple one-page glance at the agency
to keep everyone informed. Feedback has been positive.
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AGENDA ITEM 3
TAB 3.1 – 3.5
EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg) b. Guidance on
methods of communication with Board Members (Tab 3.2) (No document;
discussion only)
These items are informational only, no vote needed.
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AGENDA ITEM 3
TAB 3.1 – 3.5
EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg) c. Pending
Litigation Update (Tab 3.3) (No document; presentation only)
These items are informational only, no vote needed.
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AGENDA ITEM 3
TAB 3.1 – 3.5
EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg) d. Finance
Department Report
1. Budget Report (Tab 3.4)
These items are informational only, no vote needed.
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TEXAS BOARD OF VETERINARY MEDICAL EXAMINERSSummary of Expenses
as of November 26, 2017
OPERATING
OBJECT OF EXPENSE BUD 2018 EXP 2018 AVAILABLE BUD AVG ACTUAL
AVG
1001 SALARIES & WAGES 974,832.00$ 151,069.91$ 823,762.09$
81,236.00$ 50,356.64$
1002 OTHER PERSONNEL COSTS 23,066.00$ 3,694.74$ 19,371.26$
1,922.17$ 1,231.58$
2001 PROFESSIONAL FEES & SERVICES 62,700.00$ 2,118.02$
60,581.98$ 5,225.00$ 706.01$
2003 CONSUMABLE SUPPLIES 9,000.00$ 64.45$ 8,935.55$ 750.00$
21.48$
2004 UTILITIES 1,550.00$ 203.47$ 1,346.53$ 129.17$ 67.82$
2005 TRAVEL 47,800.00$ 2,480.87$ 45,319.13$ 3,983.33$
826.96$
2006 RENT - BUILDING 1,400.00$ 179.04$ 1,220.96$ 116.67$
59.68$
2007 RENT - MACHINE/EQUIPMENT 5,500.00$ 896.24$ 4,603.76$
458.33$ 298.75$
2009 OTHER OPERATING COSTS 124,134.00$ 21,507.85$ 102,626.15$
10,344.50$ 7,169.28$
5000 CAPITAL EXPENDITURES -$ -$ -$ -$ -$
TRANSFERS OUT - H.P.C. (26,403.00)$
TOTAL: 1,223,579.00$ 182,214.59$ 1,041,364.41$ 104,165.17$
60,738.20$
Excess Revenue Collected for 13001 0.00
TOTAL AVAILABLE BUDGET/CASH 1,041,364.41$
NON-OPERATINGPEER ASSISTANCE
2001 PROF SERVICES (7253 & 7806) 45,000.00$ 7,005.54$
37,994.46$ 3,750.00$ 2,335.18$
TEXAS.GOV (TXNICUSA)
2009 OTHER OPERATING EXP (7219) 40,000.00$ 3,012.00$ 36,988.00$
3,333.33$ 1,004.00$
CAPPS (Centralized Acc/Pay/Pers System)
5000 Capital Expenditures 54,000.00$ -$ 54,000.00$ 4,500.00$
-$
1,362,579.00$ 192,232.13$ 1,170,346.87$ 115,748.50$
64,077.38$
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% of Budget Spent % of Fiscal Year Lapsed
15.50%
16.02%
3.38%
0.72%
13.13%
5.19%
12.79%
16.30%
17.33%
14.89% 25.00%
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AGENDA ITEM 3
TAB 3.1 – 3.5
EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg) d. Finance
Department Report
2. Revenue Report (Tab 3.5)
These items are informational only, no vote needed.
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Texas Board of Veterinary Medical Examiners
Total Revenue Collected for FY 2018 through November 21,
2017
Revenue Type (APPN) Fee Type (COBJ) Revenue Source (AOBJ)
Total
Agency Appr Receipt
APPN 13001 Admin Fee (3719) Custom Lists (6001) 675.90$
Duplicate License (2008) 280.00$
Letter of Good Standing (6002) 1,950.00$
CE Approval Reg (6003) 425.00$
CE Approval Less than 30 days Prior (6004) 500.00$
3,830.90$
Peer Assistance Program
APPN 13006 Peer Assistance Fee Veterinary (2xx6) 7,972.75$
7,972.75$
Texas.gov Online Services
APPN 13007 Texas.gov Fee Equine Dentist (1xx7) 23.00$
Licensed Vet Tech (8xx7) 668.00$
Veterinary (2xx7) 7,488.00$
8,179.00$
Prescription Monitoring Program
APPN 90515 Prescription Monitoring (3554) Prescription
Monitoring Program 13,588.35$
13,588.35$
State General Revenue
APPN 99906 Application Fees (3175)
Equine Dentist (1211) -$
License Vet Tech (8211) 1,800.00$
Veterinary (2x11,23x1,26x1,27x1) 22,265.00$
24,065.00$
Fees Total
Agency Appr Receipts Total
Texas.gov Fee Total
Application Fees Total
Peer Assistance Total
FY2017
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Texas Board of Veterinary Medical Examiners
Total Revenue Collected for FY 2018 through November 21,
2017
Board Fees (3175) Equine Dentist (1xx1) 658.50$
License Vet Tech (8xx1) 11,518.75$
Veterinary (2xx1) 286,546.90$
298,724.15$
Late Fees (3175) Equine Dentist (1xx2) 90.00$
Licensed Vet Tech (8xx2) 975.00$
Veterinary (2xx2) 13,050.00$
14,115.00$
Other Fees (3175) DVM Texas.gov Fees (2237) 5.00$
LVT Texas.gov Fees (8247,8127) -$
Overpayments (3000) 312.00$
Criminal History Fee (5801) -$
Return Check Fee (6000) -$
317.00$
Admin Penalty (3770) Admin Penalty (7000) 4,500.00$
4,500.00$
341,721.15$
Grand Total 375,292.15$
State General Revenue Total
Admin Penalty Total
Other Fees Total
Board Fees Total
Late Fees Total
FY2017
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AGENDA ITEM 4
TAB 4
CONSIDERATION AND APPROVAL OF AGREED ORDERS
Are there any Agreed Orders that need to be pulled for
discussion? If yes:
I move that we go into Executive Session for private
consultation and advice of counsel concerning pending or
contemplated litigation, including administrative proceedings, or
settlement offer and/or possible disciplinary action under the
authority of the Open Meetings Act, GOVERNMENT CODE, §551.071;
OCCUPATIONS CODE §801.407(d); and Attorney General's Opinion No.
H-484.
RETURN TO OPEN SESSION STATEMENT:
There was no final action, decision, or vote with regard to any
matter considered or discussed in executive session. The executive
session ended at (____) on (____). A certified agenda of the
executive session was made.
Motion to approve all orders:
I move that we approve all Agreed Orders as presented. Motion
regarding orders that were pulled and not approved as a group:
I move that we do not approve Agreed Order(s) and direct staff
to .
Is there a Second? Is there any discussion? All in favor, say
aye. All opposed, say nay.
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Standard of Care Orders
-
Failure to Report Criminal Activity Orders
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AGENDA ITEM 5
TAB 5
Discussion, recommendation and possible action regarding
adoption of proposed Board Rule amendment
1. 577.15. Fees (Amendment)
I move that we adopt the proposed amendment as presented and
direct staff to publish the adopted preamble and amendment in the
Texas Register in accordance with the Administrative Procedure
Act.
I move that we adopt the proposed amendment with corrections
as
discussed and direct staff to publish the adopted preamble and
amendment in the Texas Register in accordance with the
Administrative Procedure Act.
I move that we reject the proposed amendment and send this back
to staff
for further consideration.
Is there a Second? Is there any discussion? All in favor, say
aye. All opposed, say nay.
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RULE §577.15 Fee Schedule. The Texas Board of Veterinary Medical
Examiners has established the following fixed fees as reasonable
and necessary for the administration of its functions. Other
variable fees exist, including but not limited to costs as
described in §575.10 of this title (relating to Costs of
Administrative Hearings), and are not included in this
schedule.
Figure: 22 TAC §577.15
(a) APPLICATION FOR INITIAL LICENSE
Type of License Application Total Fee Veterinary Regular License
$515 Veterinary Special License $575 Veterinary Provisional License
$600 Veterinary Temporary License $200 Equine Dental Provider
License $100 Veterinary Technician License $50
(b) LICENSE RENEWALS.
(1) Current License Renewals
Type Of License Board Fees Veterinary Regular License $172.10
195.00 Veterinary Special License $187.10 209.00 Veterinary
Inactive License $107.25 109.00 Equine Dental Provider License $68
83.00 Equine Dental Provider Inactive License
$56
Veterinary Technician Regular License
$37 50.00
Veterinary Technician Inactive License
$26
(2) Expired License Renewals – Less Than 90 Days Delinquent
Type Of License Board Fees Veterinary Regular License $249.60
280.00 Veterinary Special License $274.60 296.50 Veterinary
Inactive License $158.25 160.00 Equine Dental Provider License
$99.50 124.00 Equine Dental Provider Inactive License
$81.50
Veterinary Technician Regular License
$53 75.00
Veterinary Technician Inactive License
$36.50
(3) Expired License Renewals – Greater Than 90 Days and Less
Than 1 Year Delinquent
-
Type Of License Board Fees Veterinary Regular License $327.10
364.00 Veterinary Special License $362.10 384.00 Veterinary
Inactive License $209.25 211.00 Equine Dental Provider License $131
164.00 Equine Dental Provider Inactive License
$107
Veterinary Technician Regular License
$69 99.00
Veterinary Technician Inactive License
$47
(c) SPECIALIZED LICENSE CATEGORIES
Type Of License Total Fee Veterinary Reinstatement $250
Veterinary Re-Activation $150 Equine Dental Provider
Re-Activation
$25
Veterinary Technician Re-Activation $25
(d) OTHER FIXED FEES AND CHARGES
(1) Criminal History Evaluation Letter: $32 (2) Returned Check
Fee: $25 (3) Duplication of License: $40 (4) Letter of Good
Standing: $25 (5) Continuing Education Approval Review Process: $25
(6) Continuing Education Approval Review submitted less than 30
days prior to the continuing education event: $50 (7) Equine Dental
Certification approval review process: $1,500
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AGENDA ITEM 6
TAB 6
COMMITTEE APPOINTMENTS
a. Executive Committee b. Enforcement Committee c. Licensing
Committee d. Finance Committee e. Advisory Committees 1. Equine
Dental Provider Advisory Committee 2. Licensed Veterinary
Technician Advisory Committee
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AGENDA ITEM 7
TAB 7 Discussion, recommendation and possible action regarding
future Board Meeting dates (Dr. Quillivan)
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AGENDA ITEM 8
TAB 8
Discussion of possible agenda items for future Board Meetings.
(Dr. Quillivan)
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AGENDA ITEM 9
TAB 9
CITIZEN COMMENTS (Dr. Quillivan)
If there is anyone in the audience who wishes to address the
Board and has not completed one of the Witness Cards, please do so
at this time. Individuals wishing to comment on the rules to be
adopted will be recognized during the time the rules are addressed.
The Board will now recognize _________________, please limit
your
comments to 3 minutes.
TAB 1TAB 2Minutes of 10-10-2017 Board Meeting
TAB 3TAB 3.1Exec. Dir. Report
TAB 3.2TAB 3.3TAB 3.4Budget Report
TAB 3.5Revenue Report
TAB 4Standard of Care
Orders2017-1022017-1572017-182017-1942017-193
Controlled Substance Recordkeeping Orders2017-018
Failure to Report Ciminal Activity Orders2017-111
TAB 5577.15 Fee Schedule
TAB 6TAB 7TAB 8TAB 9